The Palestine Solidarity Campaign (PSC) in South Africa has applied for leave to appeal a court ruling that interdicted the organization and its supporters from making defamatory claims against Cape Union Mart and its executive chairperson, Philip Krawitz. The original case was heard in the Western Cape High Court in June, where a full bench unanimously ruled in favor of Cape Union Mart. The court found that the PSC's claims, including allegations that Cape Union Mart funds "genocide" or the conflict in Gaza, were false and defamatory.
The court's ruling allowed the PSC and its supporters to protest and boycott lawfully, but prohibited them from making specific claims that were found to be defamatory. The PSC has stated that it will continue to protest lawfully, but the application for leave to appeal has sparked concerns that the organization may continue to make defamatory claims in the interim. Joshua Schewitz, executive director of the South African Zionist Federation Cape Council, has expressed concerns that the PSC's application is an attempt to "keep saying things that three High Court judges, unanimously, found to be false and defamatory".
Attorney David Polovin, who observed the court's ruling, believes that the court is unlikely to grant leave to appeal, citing that the PSC's application lacks reasonable prospects of success. Polovin noted that the factual record of the posters, chants, and social media posts was largely common cause, and the court carefully limited the relief so that it does not prohibit peaceful protest or a consumer boycott. The interdicts ordered by the court are suspended pending the leave application, which means the PSC could try to defame Krawitz and Cape Union Mart in the interim.
The PSC has stated that it is requesting leave to appeal because "aspects of the judgment and orders raise important constitutional questions concerning freedom of expression, political speech, and peaceful protest". However, Schewitz argues that this is "dishonest" because the order does not prohibit protest, boycotts, or criticism of Israel. Schewitz emphasized that the court found that the admissible evidence establishes that Krawitz is not "funding a genocide" or "murdering babies", and that Cape Union Mart is not doing so either.
The court's ruling was "framed in unusually firm language", according to Polovin, and the PSC's campaign caused "real harm" to Krawitz, his family, and approximately 3,000 Cape Union Mart employees across 270 stores. The PSC's own members admitted responsibility for this conduct, which included harassment and intimidation of customers and staff. Cape Union Mart's legal adviser, Simone Sulcas, stated that the company stands for the constitutional right to peaceful and lawful protest, but that does not include defamatory and harmful claims.
Attorney Shimron Shapiro noted that the PSC is entitled to ask for leave to appeal, but that the unanimous decision of a three-judge full bench presents "a significant, and I believe insurmountable, hurdle" for the PSC's appeal. Shapiro explained that a court will only allow an appeal to be heard if there are reasonable prospects of success. Polovin added that "publicity is the real prize" for the PSC, and that an appeal will keep the media focused for months more.
The South African Jewish Board of Deputies executive director, Daniel Bloch, stated that the organization respects the legal process and does not believe the community should be unduly concerned. However, Bloch emphasized that the appeal process cannot be used to disregard the existing court order or to continue making statements that the court found to be defamatory. Schewitz concluded that the PSC's application for leave to appeal "does not change the facts" and that the organization's conduct has been "thuggish".
Key points
- The Palestine Solidarity Campaign's application for leave to appeal a court ruling has sparked concerns over hate speech and defamation.
- The court's original ruling interdicted the PSC and its supporters from making defamatory claims against Cape Union Mart and its executive chairperson.
- The PSC's appeal request has been seen as an attempt to continue making defamatory claims and to intimidate people with false information.
